Name

At-Talaqis not only the name of this Surah but
also the title of its subject matter, for it contains commandments
about Talaq(divorce) itself. Hadrat `Abdullah bin
Mas`ud has described it as Surah
an-Nisa al-qusraalso, i.e. the shorter Surah an-Nisa.

Period
of Revelation

Hadrat
Abdullah bin Masud has Pointed out, and the internal evidence of the
subject matter of the Surah confirms the same, that it must have been
sent down after those verses of surah Al-Baqarah in which
commandments concerning divorce were given for the first time.
Although it is difficult to determine precisely what is its exact
date of revelation, yet the traditions in any case indicate that when
the people started making errors in understanding the commandments of
Surah Al-Baqarah, and practically also they began to commit mistakes,
Allah sent down these instructions for their correction.

Theme
and Subject Matter

In
order to understand the commandments of this Surah, it would be
useful to refresh one's memory about the instructions which have been
given in the Qur'an concerning divorce and the waiting period (Iddat)
above.

"Divorce
may be pronounced twice; then the wife may either be kept back in
fairness or allowed to separate in fairness." (Al Baqarah 229)

"And
the divorced women (after the pronouncement of the divorce) must wait
for three monthly courses... and their husbands are fully entitled to
take them back (as their wives) during this waiting period, if they
desire reconciliation." (Al Baqarah 228)

"Then,
if the husband divorces his wife (for the third time), she shall not
remain lawful for him after this divorce, unless she marries another
husband..." (Al-Baqarah : 230)

"When
you marry the believing women, and then divorce them before you have
touched them, they do not have to fulfill a waiting period, the
completion of which you may demand of them." (Al-Ahzab : 49)

"And
if those of you who die, leave wives behind, the women should abstain
(from marriage) for four months and ten days." (Al-Baqarah 234)

The
rules prescribed in these verses were as follows:

A
man can pronounce at the most three divorces on his wife.

In
case the husband has pronounced one or two divorces he is entitled
to keep the woman back as wife within the waiting period and if
after the expiry of the waiting period the two desire to re-marry,
they can re- marry there is no condition of legalization (tahlil).
But if the husband has pronounced three divorces, he forfeits his
right to keep her as his wife within the waiting. period, and they
cannot re-marry unless the woman re-marries another husband and he
subsequently divorces her of his own free will.

The
waiting period of the woman, who menstruates and marriage with whom
has been consummated, is that she should pass three monthly courses.
The waiting period in case of one or two divorces is that the woman
is still the legal wife of the husband and he can keep her back as
his wife within the waiting period. But if the husband has
pronounced three divorces, this waiting period cannot be taken
advantage of for the purpose of reconciliation, but it is only meant
to restrain the woman from re-marrying another person before it
comes to an end.

There
is no waiting. period for the woman, marriage with whom has not been
consummated, and who is divorced even before she is touched. She can
re-marry, if she likes, immediately after the divorce.

The
waiting period of the woman whose husband dies, is four months and
ten days.

Here,
one should understand well that Surah At-Talaq was not sent down to
annul any of these rules or amend it, but it was sent down for two
purposes;

First,
that the man who has been given the right to pronounce divorce should
be taught such judicious methods of using this right as do not lead
to separation, as far as possible however, if separation does take
place, it should only be in case all possibilities of mutual
reconciliation have been exhausted. For in the Divine Law provision
for divorce has been made only as an unavoidable necessity; otherwise
Allah does not approve that the marriage relationship that has been
established between a man and a woman should ever break. The Holy
Prophet (upon whom be Allah's peace) has said "Allah has not
made lawful anything more hateful in His sight than divorce."
(Abu Daud). And: "Of all the things permitted by the Law, the
most hateful in the sight of Allah is the divorce, (Abu Daud)

The
second object was to complement this section of the family law of
Islam by supplying answers to the questions that had remained after
the revelation of the commandments in Surah Al-Baqarah. So, answers
have been supplied to the following questions:What would be the
waiting period of the women, marriage with whom has been consummated
and who no longer menstruate, or those who have not yet menstruated,
in case they are divorced? What would be the waiting period of the
woman, who is pregnant, or the woman whose husband dies, if she is
divorced?And what arrangements would be made for the maintenance and
lodging of the different categories of divorced women, and for the
fosterage of the child whose parents have separated on account of a
divorce?

In
the name of Allah, the Compassionate, the Merciful.

[1-2]
O Prophet, when you (and the believers) divorce women, divorce them
for their prescribed waiting-periods,1
and count the waiting-period accurately,2
and fear Allah, you Lord. And do not turn them out of their houses
(during the waiting-period), not should they themselves leave them,3
except in case they commit an open. indecency.4
These are the bounds prescribed by Allah and whoever transgresses
Allah's bounds will wrong his own self. You do not know: Allah may
after this bring about a situation (of reconciliation).5
Then when they have reached the end of their (waiting) periods either
retain them (in wedlock) in a fair manner or part with them in a fair
manner,6
and call to witness two just men from among yourselves,7
and (O witnesses) bear witness equitably for the sake of Allah.

[3]
With this you are admonished, (and) whoever believes in Allah and the
Last Day.8
Whosoever fears Allah in whatever he does, Allah will open for him
away out of the difficulties9
and will provide for him from whence he could little imagine.10
And whoever trusts in Allah, He is enough for him. Allah brings His
decrees to fulfillment.11
Allah has appointed a destiny for everything.

[4-5]
And if you are in doubt about those of your women who have despaired
of menstruation, (you should know that) their waiting period is three
months,12
and the same applies to those who have not menstruated as yet.13
As far as pregnant women, their period ends when they deliver the
burden.14
Whoever fears Allah, He makes his course easy for him. This is
Allah's Command which He has sent down to you. Whoever fears Allah,
Allah will remove his evils from him and will enhance his rewards.15

[6]
Lodge them (in the waiting-period) where you yourselves live,
according to your means, and do not harass them so as to straiten
them.16

[7]
And if they are pregnant, spend on them until they deliver their
burden.17
Then if they suckle (the child) for you, give them their wages, and
settle the question of wages) fairly by mutual consultation.18
But if you created difficulties for each other (concerning the
question of wages). then another woman would suckle the child.19
Let the rich man spend according to his means and let the one whose
means are restricted, spend out of what Allah has given him. Allah
does not burden anyone with more than what He has given him. It may
u-ell be that Allah brings about ease after hardship.

[8-11]
Many a settlement20
has rebelled against the commandments of its Lord and His Messengers,
and We called it to stern account and punished it severely. They
tasted the evil results of their misdeeds and consequently they have
nothing but ' loss in store for them. Allah has prepared from them a
severe torment (in the Hereafter). So fear Allah. O you then of
understanding, who have believed. Allah has sent down to you an
Admonition, a Messenger21
who recites to you Allah's Revelations containing clear guidance, so
that he may bring those who have believed and done good deeds out of
darknesses into light.22
Whoever believes in Allah and does good deeds, Allah shall admit him
into Gardens underneath which canals will be flowing. They shall live
therein for ever. Allah has prepared for such a one an excellent
provision.

[12]
Allah is He Who created seven heavens and of the earth also their
like.23
His Command descends among them. (This you are being told) so that
you may know that Allah has power over everything, and that Allah's
knowledge encompasses all.

1That
is, "O believers, you should not make undue haste in the Matter
of pronouncing divorce: your minor family quarrels should not so
incite you that you should pronounce the final divorce in a fit of
anger and there remains no chance for reconciliation. However When
you have to divorce your wives, you should divorce them for their
prescribed waiting-period." Pronouncing divorce for the waiting
period has two meanings and both are implied here.

First.
That "you should divorce them at a them when their
waiting-period can begin. " This thing has already been
prescribed in Al-Baqarah: 228 above. The waiting-period of the
married woman who menstruates is three monthly courses after the
pronouncement of divorce. If this commandment is kept in view the
only appropriate time of pronouncing divorce that the waiting period
may duly begin is when she is not in her courses, for he
waiting-period cannot begin from the course during which she ma have
been divorced, and divorcing her in that state would mean that,
contrary to the Divine Command, her waiting-period should extend to
four courses instead of three courses. Furthermore, this commandment
also demands that the woman should not he divorced in the period-of
purity during which the husband may have had sexual intercourse with
her. For in this case, at the time divorce is pronounced neither the
husband nor the wife can know whether he has conceived in
consequence of the intercourse or not. Because of this neither the
waiting-period can begin on the hypothesis that this would be
reckoned in view of the succeeding monthly courses, nor on the
hypothesis that this would be the waiting-period of a pregnant
woman. So, this commandment lays down two rules simultaneously:
first, that divorce should not be pronounced during menstruation;
second, that divorce may be pronounced either in the period of
purity during which there was no sexual intercourse with the woman,
or in the state when the woman's being pregnant was known. A little
consideration of the matter will show that the restrictions imposed
on the pronouncement of divorce are for good reasons. The reason for
imposing the restriction on the pronounce meant of divorce during
menstruation is that in this state the husband and the wife are
somewhat estranged from each other because of the prohibition of
sexual intercourse in this start; and from the medical viewpoint
also it is confirmed that the woman is not temperamentally normal
during the courses. Therefore, if a quarrel starts between them in
this state, both the husband and the wife would be helpless to an
extent to put an end to it, and if the matter is deferred till the
woman is free from her courses, there is the possibility that the
woman also may return to her normal temperamental state and the
mutual attraction that nature has placed between them also may work
and reunite them. Likewise, the reason for prohibiting the
pronouncement of divorce during the purity period in which sexual
intercourse may have taken place, is that if in consequence of it
conception takes place, it can neither be known to the husband nor
to the wife. Therefore, it cannot be a suitable time for pronouncing
the divorce. If the man comes to know that conception has taken
place, he would think a hundred times before deciding finally
whether he should pronounce divorce or not on the woman who carries
his child in her womb. The woman also in view of the future of her
child would try her best to remove the causes of her husband's
displeasure. ,But if a decision is taken blindly, in undue haste,
and then it is known that conception had taken place, both will
regret it later.

This
is the first meaning "divorcing for the prescribed
waiting-period", which applies only to those women marriage
with whom has been consummated, who menstruate and may possibly
conceive. As for its second meaning it is this: "If you have to
divorce your wives, you should divorce them till the expiry of their
waiting-period". That is "Do not pronounce three divorces
all at once leading to permanent separation, but pronounce one, or
at the most two divorces, and wait till the end of the
waiting-period, so that there remains some chance for reconciliation
for you at any time during this period." According to this
meaning; this commandment is also useful in respect of those woman
marriage with whom has been consummated and who menstruate as well
as of those who no longer menstruate, or those who have not yet
menstruated, or those whose pregnancy at the time of the
pronouncement of divorce is known. If this Divine Command is rightly
followed, no one will regret after having pronounced divorce, for if
divorce is pronounced in this way, there remains room for
reconciliation within the waiting. period, and even after the expiry
of the waiting-period the possibility remains that the separated
husband and wife may remarry if they wish reconciliation.

This
same meaning of talliqu-hunna Ii- iddat-i hinna ( divorce them for
their prescribed waiting-period") has been given by the
earliest commentators. Ibn 'Abbas has given this commentary of it:
"One should not pronounce divorce during menstruation nor in
the period of purity (tuhr) during which the husband may have had
sexual intercourse. But one should leave the wife alone till she
attains purity after the course; then one may pronounce a single
divorce on her. In this case even if there is no reconciliation and
the waiting-period expires, she would be separated by the single
divorce." (Ibn Jarir)

Hadrat
'Abdullah bin Mas'ud says:

Divorce
for the waiting-period means that one should pronounce the divorce
in the woman s state of purity without having had an intercourse
with her. " The same commentary has been reported from Hadrat
`Abdullah bin `Umar, `Ata', Mujahid, Maimun bin Mahran, Muqatil bin
Hayyan, and Dahhak (may Allah bless them all) (Ibn Kathir). Ikrimah
has explained it thus: `One may pronounce the divorce in the state
when the woman's being pregnantt is known, and not when one has had
sexual intercourse with her and it is not known whether she has
conceived or not." (Ibn Kathir) Both Hadrat Hasan Basri and lbn
Sirin say: `Divorce should be pronounced during the state of purity
without having had sexual intercourse. or when the woman's being
pregnant becomes known. " (Ibn Jarir)

The
intention of this verse was best explained by the Holy Prophet (upon
whom be Allah's peace) himself on the occasion when Hadrat `Abdullah
bin `Umar had divorced his wife while she was discharging the menses
.. The, details of thin incident have been reported in almost all
collections of Hadith and the same. in fact. are the source of the
law in this connection. It so happened that when Hadrat `Abdullah
divorced hi: wife while she was menstruating, Hadrat Umar came
before the Holy Prophet and mentioned it to him. The Holy Prophet
expressed great displeasure and said: Command him to take her back
and keep her as his wife till she is purified, that she again
menstruates and is again Purified: then if he so desires he may
divorce her in her state of purity without having any sexual
intercourse with her. This is the waiting-period which Allah
Almighty has prescribed for the divorce of women." In a
tradition the words are to the effect: "Either one may
pronounce the divorce in the woman's state of purity without having
a sexual intercourse, or in the state when her being pregnant
becomes fully known".

The
intention of this verse is further explained by a few other Ahadith
which have been reported from the Holy prophet (upon wham be Allah's
peace) and some of the major Companions. Nasa'i has related that the
Holy Prophet was informed that a person had pronounced three
divorces on his wife in one sitting. He stood up in anger and said:
“Are the people playing with the Book of Allah, although I am
present among you?" Seeing the Holy Prophet's extreme anger on
this occasion, a person asked: “Should I not go and kill the
man?"

Abdur
Razzaq has reported about Hadrat `Ubadah bin as-Samit that his
father pronounced one thousand divorces on his wife. He went before
the Holy Prophet (upon whom be peace) and asked his ruling on it.
The Holy Prophet said: “By the three divorces the woman stood
separated from him along with Allah': disobedience, and 997
pronouncement remained as acts of injustice and sin, for which Allah
might punish him if He so willed and forgive him if He so willed."

In
the details of the incident concerning Hadrat `Abdullah bin `Umar,
which have been related in Daraqutni and Ibn Abi Shaibah, another
thing also is that when the Holy Prophet commanded Hadrat `Abdullah
bin `Umar to take his wife back, he asked: Had I pronounced three
divorces on her, could I have taken her back even then? The Holy
Prophet replied: No, she would have stood separated from you, and
this would have been an act of sin." In another tradition the
Holy Prophet's words are to the effect: “Had you done this,
you would have committed disobedience of your Lord while your wife
would have been separated from you.”

The
legal rulings reported from the Companions in this regard are also
in complete conformity with the Holy Prophet's injunctions.
According to a tradition in Mu'watta, a person came to Hadrat
'Abdullah.bin Mas'ud and said: "I have pronounced eight
divorces on my wife. Ibn Mas`ud asked: What legal opinion have you
been given in this regard? He said: I have been told that the woman
stands separated from me. Ibn Mas`ud said: The people have said the
right thing: the legal position is the same as they have told you."

'Abdur
Razzaq has related from 'Alqamah that a person said to Ibn Mas'ud:
"I have pronounced 99 divorces on my wife He said: Three
divorces separate her from you; the rest are (acts of sin) excesses.
"

Waki'
bin al-Jarrah in his sunah has reported this very viewpoint of both
Hadrat 'Uthman and Hadrat 'AIi. A person came to Hadrat `Uthman and
said: "I have pronounced a thousand divorces on my wife-'. He
replied: "She stood separated from you by three divorces."
When a similar problem was presented before Hadrat `Ali he replied;
`By three divorces she stood separated from you. You may distribute
the rest of your pronouncements on the rest of your wives if you so
like."

Abu
Da'ud and Ibn Jarir have related, with a little variation in
wording, a tradition from Mujahid, saying: "While I was sitting
with Ibn Abbas, a person came and said: `I have pronounced three
divorces on my wife.' Ibn 'Abbas heard it but kept silent for so
long that I thought he was perhaps going to return his wife to him.
Then he said: “One of you first commits the folly of
pronouncing the divorces; then he comes and says: O lbn `Abbas, O
Ibn `Abbas! whereas Allah has said that whoever fears Him in
whatever he does, He will open a way for him out of the
difficulties. You did not fear Allah; now I do not find any way for
you: you have disobeyed your Lord, and your wife stands separated
from you.”

Another
tradition, which also has been reported from Mujahid and related
with a little variation in wording in mu'watta and Tefsir by Ibn
Jarir, says: “A person pronounced a hundred divorces on his
wife; then he asked Ibn 'Abbas for his opinion. He replied: 'By
three divorces she stood separated from you. With the other 97 you
made a Jest of the Revelations of Allah!" This is according to
Mu'watta. According to Ibn Jarir the words of Ibn `Abbas were to the
effect: “You disobeyed your Lord, and your wife stood
separated from you, and you did not fear Allah that He might open a
way for you out of the difficulty."

Imam
Tahavi has related that a man came to Ibn `Abbas and said: 'My uncle
has pronounced three divorces on his wife. He replied: Your uncle
has disobeyed Allah and committed a sin and followed Satan. Now,
Allah has left no way open for him out of the difficulty."

According
to a tradition in Mu'watta and Abu Da'ud, a man pronounced three
divorces on his wife before the consummation of marriage; then
desired to remarry her, and came out to know the legal aspect of the
matter. The reporter of the Hadith, Muhammad bin lyas bin Bukair,
says: 'I accompanied him to Ibn `Abbas and Abu Hurairah. The reply
each one gave was: 'You have Iet slip from your hand whatever
opportunity was there for you'." Zamakhshari has stated in
al-Kashshaf that Hadrat `Umar used to beat the man who would
pronounce three divorces on his wife (at one and the same time) and
then would enforce his divorces.

Sa'id
bin Mansur has related this very thing from Hadrat Anas on sound
authority. In this connection. the general opinion of the
Companions. which Ibn Abi Shaibah and Imam Muhammad have related
from Ibrahim Nakha'i (may Allah bless them) was: "The
Companions (may Allah be pleased with them) approved of this method
that one may pronounce a single divorce on the wife and leave her
alone till she completes three monthly courses." These are the
words of Ibn Abi Shaibah. The words of Imam Muhammad are to the
effect: '`The approved method with them was that in the matter of
divorce one should not exceed one divorce tilt the waiting-period is
completed."

The
detailed law that the jurists of Islam have compiled with the help
of these Ahadith and traditions in the light of the above mentioned
Qur'anic verse, is as follows:

(1)
The Hanafis regard divorce as of three kinds: Ahsan. hasan, and
bid'i. The ahsan form of divorce is that one may pronounce only one
divorce on one's wife during a tuhr (purity) period in which one
must refrain from sexual intercourse and leave the wife to complete
her waiting-period. The hasan form of divorce is that one may
pronounce one divorce in each period of purity: in this case
pronouncement of three: divorces, one each in three periods of
purity, . is also not against the Shari'ah, although the best
approved method is to pronounce only one divorce and leave the wife
to complete her waiting-period. The bid form of divorce is that one
must pronounce three divorces in a single sitting, or pronounce
three divorces at different times during the same period of purity,
or pronounce divorce during menstruation, or pronounce it in the
period of purity during which one has had a sexual intercourse. Of
these whichever course one may adopt one will be guilty a sin, This
is the law in respect of the woman Marriage with whom has been
consummated and who has regular courses. As for the woman marriage
with whom has not been consummated, she can be divorced both in the
state of purity and during menstruation, and this is according to
the Sunnah. And if the woman is such a one marriage with whom has
been consummated who no longer menstruates, or the one who has not
yet menstruated, she can be divorced even after the sexual
intercourse„for there is no chance of her being pregnant. And
if the woman is pregnant, she also can be divorced after the sexual
intercourse, for her pregnancy is already established. But the
method of pronouncing divorce on these women according to the
Sunnah, is that the divorce may be pronounced at the interval of one
month in each case. However, the ahsan method is that only one
divorce may be pronounced and the woman left to complete her waiting
period. (Hedayah, fath alQadir, Ahkam al-Qur an (AI-Jassas), `Umdat
al-Qari).

According
to Imam Malik also divorce is of three kinds . Sunni, bid'i makruh
and bid'i haram. The divorce according to the Sunnah is that a
single divorce be pronounced on the woman marriage with whom has
been consummated and who menstruates, during her state of purity
without having had sexual intercourse, and the woman be left to
complete her waiting-period. The bid'i makrnh form is that divorce
be pronounced in the period-of purity during which one may have had
sexual intercourse, or more divorces than one be pronounced in the
period of purity while there was no sexual intercourse, or three
divorces be pronounced, one each in separate periods of purity
within the waiting-period, or three divorces be pronounced alI at
once. And bid i haram is that divorce be pronounced during
menstruation. (Hashiyah ad-Dusuqi alal-Sharh-al-Kabir Ibn aI- Arabi,
Ahkam al-Qur an).

The
authentic viewpoint of Imam Ahmad bin Hanbal which is generally
agreed upon by the Hanbalis is: The approved method (i.e. the one
according to the Sunnah) of divorcing a wife marriage with whom has
been consummated and who menstruates is that a single divorce be
pronounced on her in her period of purity without having had sexual
intercourse with her, and then she be left to complete her
waiting-period. But if she is giver three divorces, one each in
three separate periods of purity or three divorces in one and the
same period of purity, or divorced thrice at once, or divorced
during the courses, or divorced in the period of purity during which
the husband has had sexual intercourse and her being pregnant is not
known, all these would be disapproved and forbidden forms of
divorce. But if the woman is such that marriage with her has been
consummated but who no longer menstruates, or such who has not yet
menstruated, or is pregnant, in her case there is neither any
difference of approved and disapproved with regard to time nor with
regard to the number of divorces pronounced. (Al-Insaf fi
Ma'rifat-ar-Rajih min al-Khilaf 'ala Madhhab Ahmad bin Hanbal).

According
to Imam Shafe'i, in the matter of divorce the difference between the
approved (i.e.. according to the Sunnah) and the reprehensible (i.e.
against the Sunnah) forms of divorce is only with regard to time and
not with regard to number That is, to pronounce divorce on a woman
marriage with whom has been consummated and who menstruates, during
menstruation or to pronounce divorce on a Ovarian, who can conceive,
during such a period of purity in which the husband has had sexual
intercourse with her and the woman's pregnancy is unknown, is
disapproved and forbidden. As for the number, whether three divorces
are pronounced at one time, or pronounced in the same period of
purity, or pronounced in separate periods of purity, they are not
against the Sunnah in any case. In case the woman is such that
marriage with her has not been consummated, or the one who no longer
menstruates, or the one who has not yet menstruated, or the one
whose being pregnant is known, there is no difference between the
approved and the disapproved forms of divorce. (Mughni al-Muhtaj)

(2)
A divorce being irregular, reprehensible, forbidden, or sinful with
the four Imams does not mean that it does not have effect. According
to all the four Sunni Schools, whether a divorce is pronounced
during menstruation, or thrice at once, or pronounced in the period
of purity during which the husband has had sexual intercourse and
the woman's being pregnant is unknown, or pronounced in a manner
disapproved by an Imam, in any case it does become effective,
although the pronounce commits an act of sin. But some other
scholars differ in this regard from the four Imams.

Sa'i
bin al-Musayyab and some other immediate followers of the Companions
say that the divorce of the person who pronounces it during
menstruation, or pronounces it thrice at one time, does not take
place at all. The same is the opinion of the Imamiah sect of the
Shi`as. The basis of this opinion is that since this form of divorce
is forbidden and utterly irregular, it is ineffective, whereas the
AhadIth that we have cited above, clearly show that when Hadrat
'Abdullah bin `Umar divorced his wife during menstruation, the Holy
Prophet commanded him to take her back; had the divorce not taken
effect at all, the command to take the wife back would have been
meaningless. And this also confirmed by many Ahadith that the Holy
Prophet and the major Companions considered the pronounce of more
divorces than one at one time sinful but did not regard his divorce
as ineffective.

Ta'us
and 'Ikrimah say that only one divorce takes place if divorce is
pronounced thrice at once, and this very view has been adopted by
Imam Ibn Taimiyyah. The source of his this opinion is that Abu
as-Sahba' asked Ibn 'Abbas: 'Don't you know that in the lifetime of
the Holy Prophet (upon whom be Allah's peace) and Hadrat Abu Bakr
and in the early period of Hadrat 'Umar a triple divorce was
considered a single divorce? He replied: Yes." (Bukhari,
Muslim). .And in Muslim, Abu Da'ud and Musnad Ahmad, Ibn Abbas's
this statement has been cited: "In the lifetime of the Holy
Prophet (upon whom be peace) and Hadrat Abu Bakr and during the
first two years of the caliphate of Hadrat `Umar a triple divorce
was considered a single divorce. Then Hadrat `Umar expressed the
view: As the people have started acting hasty in a matter in which
they had been advised to act judiciously and prudently, why should
we not enforce this practice? So, he enforced It."

But
this view is not acceptable for several reasons. In the first place,
according to several traditions lbn `Abbas's own ruling was against
it, as we have explained above. Secondly, it is contrary to those
Ahadith also, which have been reported from tire Holy Prophet upon
whom be peace) and the major Companions, in which the ruling given
about the pronounce of a threefold divorce at one time is that all
his three divorces become effective. These Ahadith also have been
cited above Thirdly, from Ibn `Abbas's own tradition itself it
becomes evident that Hadrat `Umar had publicly enforced the triple
divorce in the assembly of the Companions, but neither then nor
after it the Companions ever expressed any difference of opinion.
Now, can it be conceived that Hadrat `Umar could decide an issue
against the Sunnah? And could the Companions also accept his
decision without protest? Furthermore, in the story concerning
Rukanah bin `Abd-i Yazib, a tradition has been related by Abu Da'ud,
Tirmidhi, Ibn Majah, Imam Shafe`i, Darimi and Hakim, saying that
when Rukanah pronounced three divorces on his wife in one and the
same sitting, the Holy Prophet (upon whom be peace) asked him to
state on oath whether his intention was to pronounce one divorce
only, (That is, the two subsequent divorces were pronounced only to
lay emphasis on the first divorce; the triple divorce was not
intended to create separation permanently). And when he stated this
on oath, the Holy Prophet gave him the right to take his wife back.
`This brings out the truth of the matter as to what kind of divorces
were considered a single divorce in the earliest period of Islam. On
this very basis, the interpreters of the Hadith have explained the
tradition of Ibn 'Abbas thus: As in the early period of Islam deceit
and fraud in religious matters was almost unknown among the people,
the statement of the pronouncer of a triple divorce was admitted
that his real intention was to pronounce only a single divorce, and
the two subsequent divorces had been pronounced only for the sake of
emphasis. But when Hadrat `Umar saw that the people first pronounced
three divorces in haste and then presented the excuse of pronouncing
them only for the sake of emphasis, he refused to accept this
excuse. Imam Nawawi and Imam Subki regard this as the beat
interpretation of the tradition from Ibn `Abbas, Finally, there is
disagreement in the traditions of Abu aa-Sahba' himself, which he
has related concerning the saying of Ibn `Abbas. Muslim, Abu Da'ud
and Nasa'i have related from this same Abu as-Sahba' another
tradition; saying that on an inquiry by him. Ibn `Abbas said: ` When
a person pronounced a threefold divorce on his wife before
consummation of marriage, it was considered a single divorce in the
lifetime of the Holy Prophet (upon whom be peace) and Hadrat Abu
Bakr and in the early period of Hadrat 'Umar," Thus, one and
the same reporter has reported from Ibn 'Abbas traditions containing
two divergent themes and this diversity weakens both the traditions.

(3)
As the Holy Prophet had commanded the pronouncer of the divorce
during menstruation to take his wife back, the dispute has arisen
among the jurists as to what is the exact sense of this command Imam
Abu Hanifah, Imam Shafe'i, Imam Ahmad, Imam Auza'i, Ibn Abi Laila,
Ishaq bin Rahawaih and Abu Thaur say that such a person would be
commanded to take his wife back, but would not be compelled to do
so. ('Umdat alQari). The Hanafi viewpoint as stated in Hedayah is
that in this case taking the wife back is not only preferable but
also obligatory. In Mughni al-Muhtaj' the Shafe'i viewpoint has been
stated to be that the approved (i.e. One according to Sunnah method
for the one who has pronounced divorces during menstruation, but has
not pronounced a triple divorce, is that he should take his wife
back, and should refrain from pronouncing divorce in the following
period of purity, but should pronounce it, if he so likes, in the
period of purity when the wife has become fret from her next
menstrual course and attained purity, so that his revocation of the
divorce pronounced during menstruation is not taken in jest. The
Hanbali viewpoint as presented in Al-Insaf is that in this state it
is preferable for the pronounce of divorce to take his wife back.
But Imam Malik and his companions say that pronouncement of divorce
during menstruation is a cognizable offense. Whether the woman makes
a demand or not, it is in any case the duty of the ruler that if
such an act of some one is brought to his notice, he must compel the
person to take his wife back and should continue to press him till
the end of the waiting-period; and if he refuses to take her back.
he should imprison him; if he still refuses, he should beat him; and
if he still does not accede, the ruler should give his own decision,
saying: "I return your wife to you. " And the ruler's this
decision would be effective after which it would be lawful for the
man to have sexual intercourse with the woman, whether he intends to
take her back or not, for the ruler's intention represents his
intention. (Hashiyah ad-Dusuqi). The Malikis also say that if the
person, who has taken his wife back willingly or unwillingly, after
divorcing her during menstruation, has made up his mind to repudiate
her, the preferable method for him is that he should refrain from
divorcing her in the period of purity following the menstruation
during which he divorced her, but should divorce her in the period
of purity following the next menstruation The prohibition to
pronounce divorce in the period of purity following the menstruation
in which divorce was pronounced, has been enjoined so that the
return of the pronouncer during menstruation does not remain merely
oral, but he should have sexual intercourse with the woman during
the period of purity. Then, since the pronouncement of divorce in
the period of purity in which sexual intercourse has taken place is
prohibited, the right time for pronouncing it is the following
period of purity only. (Hashiyah ad-Dusuqi).

(4)
As to the question: Till when has the pronouncer of one revocable
divorce the power to take his wife back? difference of opinion has
arisen among the jurists and this difference has occurred on the
question: What do the words thalathata quti'-in or AI-Baqarah: 228
imply: three menstruation or three periods of purity? According to
Imam Shafe`i and Malik, qara implies a period of purity, and this
view is held on the authority of Hadrat 'A'ishah, Ibn 'Umar and Zaid
bin Thabit (may Allah be pleased with them). The Hanafi viewpoint is
that qara implies menstruation and the same is the authentic
viewpoint of Imam Ahmad bin Hanbal too. This view is based on the
authority of all the four rightly-guided Caliphs, Abdullah bin
Mas'ud, `Abdullah bin 'Abbas, Ubayy bin Ka'b, Mu'adh bin Jabal, Abu
ad-Darda', 'Ubadah bin as-Samit and Abu Musa al-Ash'ari (may Allah
be pleased with them). Imam Muhammad in his Mu'watta has cited a
saying of Sha`bi, saying that he met thirteen of the Holy Prophet's
Companions and they all held this same opinion, and this very view
was adopted by many of the immediate followers of the Companions
also.

On
account of this difference of opinion, according to the Shafe`is and
the Malikis, the waiting period of the woman comes to an end as soon
as she enters the third menstruation, and the man's power to take
her back -is terminated. And if the divorce has been pronounced
during menstruation, this menstruation will not be counted towards
the waiting-period but the waiting-period will come to an end as
soon as the woman enters the fourth menstruation. (Mughni al-Muhtaj;
Hashiyah ad-Dusuqi). The Hanafi; viewpoint is that if the menstrual
discharge in the third menstruation stops after ten days, the
waiting-period of the woman will cane to an end with it whether she
takes purification bath or not; and if the discharge ceases within
less than ten days, the waiting-period will not come to an end until
the woman has taken her purification bath, or until a Prayer time
has passed. In case water is not available, according to Imam Abu
Hanifah and Imam Abu Yusuf, the man's right to return to her will be
terminated, when she has performed her Prayer with tayammum
(purification with dust), and, according to Imam Muhammad, as soon
as she has performed tayammwn itself. (Hedayah). Imam Ahmad's
authentic viewpoint which is held by the majority of the Hanbalis is
that as long as the woman does not have her purification bath after
the third menstruation, the man's right to return to her will
remain. (Al-Insaf).

(5)
As for the question that is the method of taking the wife back? the
jurists are agreed that the person, who has pronounced a revocable
divorce on his wife, can return to her whenever he likes before the
expiration of the waiting-period, whether the woman is desirous of
this or not, for the Qur'an says: "Their husbands are best
entitled to take them back as their wives during this
waiting-period." (AI-Baqarah: 228). From this it can
automatically be concluded that until the expiry of the
waiting-period, the marriage tie remains intact and the husbands can
take them back before they are separated absolutely and finally In
other words, taking the wife back does not mean renewal of marriage
for which the woman's consent may be necessary. After being
unanimous so far, the jurists about different opinions about the
method of taking the wife back.

According
to the Shafe'is, return can take place only by the oral word, not by
conduct. If the husband does not say with the tongue that he has
taken the wife back, no act of intercourse or intimacy even if
performed with the intention of resuming marital relationship, will
be considered resumption of the relationship. Rather in this case
seeking of every kind of enjoyment. from the woman is unlawful even
if it is without lust. But there is no bar on having sexual
intercourse with the woman, who has been divorced revocable, for the
scholars are not agreed on its being unlawful. However, the one who
believes in its being unlawful will be punishable. Furthermore,
according to the Shafe'i viewpoint, it is in any case. incumbent to
pay a proper or customary dower (makr Mithal) in case the husband
has intercourse with the wife whom he had divorced revocable,
whether after it he takes her back orally or not. (Mughni
a/-Muhtaj).

The
Malikis say that return can be effected both orally and by conduct.
If for the purpose of resumption by word of mouth the husband uses
express words, the resumption will take place whether he intended it
or not; even if he uttered express words of resumption in jest,
these words would amount to return and resumption. But if the words
are not express, they would be considered resumption of relationship
only in case they were pronounced with the intention of resumption.
As for resumption by conduct, no act whether it is an act of
intimacy or sexual intercourse, can be considered resumption as long
as it has not been performed with the intention of the resumption of
marital relation. (Hashiyah adDusuqi; Ibn `Arabi; Ahkam al-Qur an).

As
for resumption of relationship by the word of mouth, the Hanafi and
the Hanbali viewpoint is the same as the Malikl. As for resumption
by conduct, the ruling of both the Schools, contrary to the Malikis,
is that if the husband performs sexual intercourse with the woman
whom he has divorced revocable within the waiting-period, it would
by itself amount to resumption whether there was the intention of
resumption or not. However, the difference between the viewpoints of
the two Schools is that according to the Hanafis every act of
intimacy amounts to resumption even if it is of a lesser degree than
sexual intercourse; whereas the Hanbalis do not regard a mere act of
intimacy as resumption of marital relationship. (Hedayah, Fath
al-Qadir, `Umdat al-Qari Al Insaf)

(6)
As for the consequences of talaq as-Sunnah (regular form of divorce
according to the Sunnah) and ,talaq al-bid i (irregular form of
divorce) the difference is this: In case one or two divorces have
been pronounced, the divorced woman and her former husband can
re-marry by mutual consent even if the waiting-period has expired.
But if a man has pronounced three divorces, resumption of marital
relation is neither possible within the waiting-period, nor after
the expiry of the waiting period, unless, however, the woman marries
another person, the marriage is duly contracted and consummated, and
then either the second husband divorces her or dies; then if the
woman and her former husband wish to re-marry by mutual consent,
they can do so. In most collections of the AhadIth a tradition has
been reported on sound authority, saying that the Holy Prophet (upon
whom be Allah's peace) was asked: "A man pronounced three
divorces on his wife, then the woman married another man and the two
had privacy but there was no intercourse; then he divorced her. Now,
can this woman re-marry her former husband? The Holy Prophet
replied: "No, unless her second husband has enjoyed her just as
her first husband had enjoyed her." As for the pre-arranged
marriage (tahlil) which is meant to legalize the woman for her
former husband, so that she would marry another man, who would
divorce her after having had sexual intercourse with her, this is
invalid according to Imam Abu Yusuf, and according to Imam Abu
Hanifah, the woman would become lawful for her former husband by
this ceremony but such a thing is reprehensible to the extent of
being unlawful. Hadrat 'Abdullah bin Mas'ud has reported that the
Holy Prophet (upon whom be Allah's peace) said: "AIIah has
cursed both the legaliser (Muhallil) and the one for whom
legalization is performed (mnhallil lahu). "(Tirmidhi, Nasa'i)
Hadrat 'Uqbah bin 'Amir says that the Holy Prophet (upon whom be
Allah's peace) asked his Companions: "Should I not tell you as
to who is a hired bull?" The Companions said that he should. He
said: "It is he who performs tahlil (legalization of marriage)
Allah's curse falls both on the muhalil (legalizer) and on the
muhallal lahu (the one for whose sake marriage is legalized)."
(Ibn Majah, Daraqutni).

2This
Command is addressed to the men as well as the women and the people
of their families. It means: "Do not treat divorce lightly; it
is a grave matter, which gives birth to many legal questions for the
man, the woman, their children and the people of their house
Therefore, when divorce is pronounced, its time and date should be
remembered and also the state in which divorce was pronounced on the
woman; one should keep an accurate account of when the waiting
period started, and when it would expire. On this reckoning will
depend the determination of the following questions: Till when has
the husband the power to take the wife back? Till when has he to
keep her in the house? Till when is he bound to maintain her? Till
when will he inherit the woman ant the woman him? When will the
woman be separated from him finally and obtain the right to remarry?
And if this matter takes the shape of a law-suit, the court also in
order to arrive at the correct decision, will need to know the
correct date and time of pronouncing the divorce and the woman's
state at the time, for without this information, it cannot give the
right decision on the questions arising from the divorce in respect
of the women who have been enjoyed, or not, pregnant, or not, who
menstruate, or no longer menstruate, and who have been divorced
revocably or irrevocably.

3That
is, " Neither should the man turn out the woman in anger, nor
the woman herself should leave the house in anger and haste. The
house is hers during the waiting-period, and both the man and the
wife should live together so that advantage may be taken if there is
any chance of reconciliation. If the divorce is revocable, the
husband may at any time be inclined towards the wife, and the wife
also may try to win the husband's pleasure by removing the causes of
dispute and difference. If both stay together in the same house,
there may appear many an occasion for reconciliation during the
three months„ or the three menstrual periods, or till child
birth in case of pregnancy. But if the man turns her out in angry
haste, or the woman returns to her parents imprudently, chances of
reconciliation diminish, and the divorce generally leads to
permanent separation. That is why the jurists have even suggested
that in case of a revocable divorce the woman should during her
waiting-period adorn herself so as to attract the husband. (Hedayah;
AI-Insaf ).

The
jurists are agreed that the revocably divorced woman has a right to
lodging and maintenance during the waiting-period, and it is not
lawful for the woman to leave the house without the husband's
permission, nor is it lawful for the husband to turn her out of the
house. If the husband turns her out he will be guilty of an act of
sin and if the woman leaves of her own accord, she will not only
commit a sin but will also forfeit her right to lodging and
maintenance.

4Several
meanings of this have been given by different jurists. Hadrat Hasan
Basri,'Amir Sha'bi, Zaid bin Aslam, Dahhak, Mujahid, `Ikrimah, Ibn
Zaid, Hammed and Laith say that it implies adultery. Ibn 'Abbas says
that it implies abusive language that the woman may continue to use
against the husband and the people of his house even after the
divorce, during the waiting-period. Qatadah says that it implies the
woman's disobedient to her husband; that is, if the wife has been
divorced because of her disobedience she may continue to be
disobedience to her husband even during the waiting-period.
'Abdullah bin `Umar, Suddi, Ibn as-Sa'ib and Ibrahim Nakha'i say
that this implies the woman's leaving the house of herself. That is,
in their opinion the woman's leaving the house in the waiting-period
by itself amounts to committing an open indecency, and the command:
'Nor should they themselves leave the house except in case they
commit an open indecency," is an admonition of this nature: 'Do
not abuse others except in case you wish to be known as a
discourteous person." According to the first three of these
four viewpoints, "except in case" is related with "Do
not turn them out of their houses," and the sentence means that
if they are guilty of immorality or of using invectives or of
disobedience, it would he lawful to turn them out of the houses. and
according to the fourth view, it is related with "nor should
they themselves leave their houses," and it means that if they
leave their houses they would be guilty of open indecency.

5Both
these sentences refute the viewpoint of those who hold that divorce
does not take place at all if it is pronounced during menstruation
or thrice at once, and also the view of those who think that a
triple divorce amounts to a single divorce. The question arises . If
an irregular (bid i) divorce does not take place, or a triple
divorce amounts to a single revocable divorce, what then is the aced
of saying: "Whoever transgresses the bounds set by Allah (i.e.
the method taught by the Sunnah), would wrong his own self; and you
do not know Allah may after this bring about a situation of
reconciliation?" These two things would be meaningful only in
case pronouncement of divorce against the method taught by the
Sunnah should be harmful for which one may have to regret later. and
the pronouncement of a triple divorce at once may not leave any room
for reconciliation; otherwise, obviously by pronouncing a divorce
which does not take effect at all one does not transgress the bounds
set by Allah, which may be regarded as wronging one's own self, and
after a divorce which is in any cast only revocable there does
remain room for reconciliation; thus, there would be no need to say:
"Allah may after this bring about a situation of
re-conciliation."

Here,
one should again understand well the mutual relationship between vv.
228-230 of Al-Baqarah and these verses of Surah At-Talaq. In Surah
AI Baqarah the number of divorces laid down is three of which after
pronouncing the first two one retains the right to take one's wife
back and the right to re-marry her in cast the wailing-period has
expired, without resort to legalization (tahlil), and if divorce is
pronounced for the third time the husband forfeits both these
rights. These verses of Surah At-Talaq were not sent down to amend
or cancel this rule but to teach the people how to use wisely the
powers that they have been given to divorce their wives, which if
used rightly could save homes from ruin, could protect the husband
from remorse if he had pronounced a divorce. could provide him
maximum opportunities for reconciliation, and even if separation had
taken place, could show him a way to reunite in marriage as a last
resort if the couple so desired Hut if a person happens to use these
powers unwisely, in a wrong way, he could only be wronging his own
self and wasting all opportunities for making amends. It is just
like a father's giving three hundred rupees in his son's possession
and telling him to spend the amount as he may like; then advising
him to the effect; "Spend the money given to you carefully, at
the right place, and piece meal, so that you may benefit by it
fully; otherwise if you expend it unwisely and carelessly in wrong
places, or expend the whole of it at once, you will incur losses,
and then I would not give you any more." This advice would be
meaningless it the father did not give the amount in the son's
possession at all, so that if he had wanted to spend it in a wrong
place, he should be powerless to spend it, or if he had wanted to
spend the whole amount, he could only take out a part of it while
the rest lay safe with him in any case. If the condition be such,
there could obviously be no need for this kind of advice.

6That
is, "In case you have pronounced one or two revocable divorces,
you should take a decision before the expiry of the waiting-period
whether you would keep the wife in wedlock or send her away. If you
decide to keep her, then you should keep her with honor and dignity
and not with a view to tormenting and harassing her and getting
another opportunity to prolong her waiting-period by divorcing her
once again; and if you decide to part with her, then you should part
with her gracefully, without indulging in any quarrel or
vilification; if you still owe her the dower, or a part of it, pay
it off, and give her something in addition also at her departure
according to your means, as has been enjoined in Al-Baqarah: 241.
(For further explanation, see E.N. 86 of Al-Ahzab).

7Ibn
'Abbas says that this implies calling to witness two men both at
divorce and at reconciliation. (Ibn Jarir). Hadrat `Imran bin Husain
was asked: "A man divorced his wife and then took her back, but
he neither called anybody to witness pronouncement of the divorce
nor resumption of the relation." He replied: “You
pronounced the divorce against the Sunnah and you took your wife
back against the Sunnah. You should call to witness men both at
divorce and at resumption of relation, and you should not commit
this mistake again." (Abu Da'ud, Iba Majah). But the four Sunni
Imams are agreed that to call men to witness the divorce and the
resumption and separation is no condition for these acts to be
valid, so that if there was no witness, neither divorce should take
place nor resumption should be valid nor separation. But this
condition has been enjoined so that the parties may not deny any of
the facts later and in case there was a dispute the matter might be
settled easily and any suspicions and doubts might also be removed.
This Command is just like the Command "Have witnesses in case
of commercial transactions." (AI-Baqarat: 282). This does not
mean that it is obligatory to have witnesses at business
transactions, and if there was no witness, the transaction would be
invalid; but this is a wise instruction which has been given to
prevent disputes and it is good to follow it. Likewise, in the case
of divorce and resumption also although a person's act and conduct
would be legally valid even without the witnesses yet caution
demands that whatever is done, it should be witnessed,
simultaneously or later, by two just men.

8These
words clearly show that the instructions given above are in the
nature of advice and not law. If a man pronounces divorce against
the approved method as explained above, or fails to reckon the
waiting-period accurately. or expels the wife from the house without
a good reason, or returns to her at the end of the waiting-period
only to harass her, or sends her away after a quarrel, or fails to
call the men to witness the divorce, reconciliation, or separation,
if will not affect the legal effects of divorce or reconciliation or
separation at all. However, his acting against Allah's advice would
be a proof that his heart was devoid of the taste faith in Allah and
the Last Day. That is why he adopted a course which a true believer
would never adopt.

9The
context itself shows that here "fearing Allah in whatever one
does" means to pronounce divorce in accordance with the
approved method taught by the Sunnah to reckon the waiting-period
accurately, to avoid turning the wife out of the house, to take the
wife back if one decides to keep her, at the expiry of the
waiting-period with the intention of keeping her equitably and to
send her away in a fair manner if one decides to part with her, and
to call two just men to witness the divorce, reconciliation or
separation, as the case be. In respect of this, Allah says that
whoever acts in fear of Him, He will open for him a way out of the
difficulties This automatically gives the meaning That whoever does
not fear Allah in these matters, will create for himself such
complications and difficulties from which he will find no way out.

A study
of these words clearly shows that the view of those who hold that
the irregular (bid i) form of divorce does not take place at all,
and of those who regard a triple divorce pronounced at once or
during the same period of purity as a single divorce, is not
correct. For if an irregular form of divorce does not take place at
all, it does not create any complication from which one may have to
find a way out; and if only a single divorce takes place when one
has pronounced three divorces at once, then also there arises no
need for a person to seek a way out of a difficulty or
complication.

10It
means: "Keeping the divorced wife in the house during the
waiting period, to maintain her and to pay her the dower, or
something in addition, at departure certainly burdens a man
financially. To spend on a woman whom one has already decided to
send away because of strained relations will surely be irksome, and
if the man is also poor, this expenditure will further pinch him.
But a man who fears Allah, should endure all this gracefully. Allah
is not niggardly as the people are. If a person spends his wealth in
accordance with His law, He will provide for him in a manner beyond
all expectations."

11That
is, there is no power that can prevent Allah's decree from
enforcement.

12This
is in respect of the women who no longer menstruation and have
reached menopause because of age. Their waiting-period will be
reckoned from the day divorce was pronounced on them and three
months imply three lunar months. If divorce was pronounced at the
commencement of the lunar month. it is agreed that the
waiting-period will be reckoned with regard to the sighting of the
new moon; and if it was pronounced somewhere in the middle of the
month, according to Imam Abu Hanifah, three months will have to be
completed reckoning each month of 30 days. (Badai' as-Sami ).

As for
the women whose courses are irregular due to sonic reason, the
jurists have held different opinions:

Hadrat
Sa'id bin al-Musayyab says that Hadrat `Umar ruled: "If the
woman who has been divorced stops having menses after having them
once or twice after the divorce, she will wait for 9 months. If
signs of pregnancy appear, well and good, otherwise after the
passage of 9 months, she should observe the waiting-period of three
additional months. Then she would be lawful for marriage to another
person.

Ibn
'Abbas, Qatadah and `Ikrimah say that the waiting-period of the
woman who has not menstruated for a year, is three months.

Ta'us
says that the waiting-period of the woman who menstruates once in a
year, is three menstruations. This very opinion has been reported
from Hadrat 'Uthman, Hadrat 'Ali and Hadrat Zaid bin Thabit.

Imam
Malik relates that a person Habban by name divorced his wife during
the period when she was suckling her child. A year passed on it, but
she did not have the menses. Then the man died. The divorced wife
laid claim to inheritance. The case came before Hadrat `Uthman. He
consulted with Hadrat 'AIi and Hadrat Zaid bin Thabit, and gave the
decision that the woman was an heiress. The argument given was that
the woman was neither of those women a who might have despaired of
menstruation, nor of those girls who may not have menstruated yet:
therefore, up till the husband's death she was on the menses she had
discharged last, and had still to pass her waiting-period.

The
Hanafis say that the waiting-period of the woman, who no longer
menstruates, which may not be on account of menopause so that there
may be no hope of her having it later will either be reckoned from
the menstruation if she has it in the future, or in accordance with
the age at which women generally reach menopause, and after
attaining that age she will pass three months of the waitingperiod
in order to be released from the marriage bond. The same opinion is
held by Imam Shafe'i. Imam Thauri and Imam Laith, and the same also
is the view of Hadrat 'Umar Hadrat 'Uthman and Hadrat Zaid bin
Thabit.

Imam
Malik has adopted the view of Hadrat 'Umar and Hadrat 'Abdullah bin
'Abbas and it is this: The woman will first pass nine months. If she
does not have her menses during thin period, she will pass three
months of the waiting-period like like the woman who has despaired
of menstruation, Ibn al-Qasim explaining the viewpoint of Imam Malik
says: The period of nine months will be reckoned from the day she
became free from the previous menstrual discharge and not from the
day divorce was pronounced on her. (All these have been taken from
al-Jassas, Ahkam al-Qur'an and al-Kasani, Badai as-Sana`i).

Imam
Ahmad bin Hanbal says that if the woman whose waiting-period started
from menstruation despairs of menstruation during the
waiting-period, she will be required to pass the waiting-period of
the menopausal woman and not of the women who menstruate regularly.
And if she stops menstruating and the cause of the cessation is
unknown, she will first pass nine months in the doubt of pregnancy,
and then will have to complete three months of the waiting-period,
And if the cause of the cessation of the menses becomes known, e.g.
a disease, or suckling, or some other cause, she will lie in the
waiting-period till the tithe that either she starts having the
menses again so that the waiting-period may be reckoned in
accordance with the courses, or she reaches menopause and may pass
the waiting-period of the menopausal woman. (Al-Insaf).

13They
may not have menstruated as yet either because of young age, or
delayed menstrual discharge as it happens in the case of some women,
or because of no discharge at all throughout life which, though
rare, may also be the case. In any case, the waiting-period of such
a woman is the same as of the woman, who has stopped menstruation,
that is three months from the time divorce was pronounced.

Here, one
should bear in mind the fact that according to the explanations
given in the Qur'an the question of the waiting period arises in
respect of the women with whom marriage may have been consummated,
for there is no waiting-period in case divorce is pronounced before
the consummation of marriage. (Al-Ahzab: 49). Therefore, making
mention of the waiting-period for the girls who have not yet
menstruated, clearly proves that it is not only permissible to give
away the girl in marriage at this age but it is also permissible for
the husband to consummate marriage with her. Now, obviously no
Muslim has the right to forbid a thing which the Qur'an has held as
permissible.

The girl
who is divorced in the state when she has not yet menstruated and
then she starts having the menses during the waiting-period, will
reckon her waiting-period from the same menstruation and her
waiting-period will be reckoned just like the woman who menstruates
regularly.

14The
consensus of scholarly opinion is that the waiting-period of the
pregnant divorced woman is till child birth. But a difference of
opinion has occurred about whether the same also applies to the
woman whose husband may die during her pregnancy. The dispute has
arisen because in Al-Baqarah: 234 the waiting-period of the woman
whose husband dies has been laid down as four months and ten days,
and there is no mention whatever whether this injunction applies to
all widows generally or only to those who are not pregnant,

Hadrat
'Ali and Hadrat `Abdullah bin 'Abbas, reading both these verses
together, have drawn the rule that the waiting-period of the
pregnant divorced woman is till child-birth, but that of the
pregnant widow is the longer of the two periods, whether it be of
the divorced woman or of the pregnant woman. For example, if
delivery takes place before four months and ten days, she will have
to observe a waiting period of four months and ten days, and if it
does not take place till then, her waiting period will come to an
end at delivery. The same is the viewpoint of the Imamiah sect of
the Shi'as.

Hadrat
'Abdullah bin Mas'ud says that this verse of Surrah At-Talaq was
sent down after the verse of Surah Al-Baqarah; therefore, the later
injunction has made the earlier injunction particularly applicable
to the non pregnant widow, and has laid down the waiting-period of
every pregnant woman as till child birth, whether she is divorced or
widowed, Accordingly, whether delivery takes place immediately after
the husband's death, or takes longer than four months and ten days,
the woman's waiting-period in any case will come to an end at the
birth of the child. This view is supported by this tradition of
Hadrat Ubayy bin Ka'b. He says, "When this verse of Surah At
Talaq came down, I asked the Holy Prophet (upon whom be Allah 's
peace): Is it both for the divorced woman and for the widow?"
The Holy Prophet replied: "Yes." In another tradition the
Holy Prophet further explained it thus: "The waiting period of
every pregnant woman is till child-birth." (Ibn Jarir, Ibn Abu
Hatim. Ibn Hajar says that although its reliability is questionable,
yet as it has been related through several chains of transmitters,
one has to admit that it has some basis). More than that, it is
further confirmed by the incident concerning Subai'ah-i Aslamiyyah
which occurred in the sacred time of the Holy Prophet (upon whom be
Allah's peace) himself. She became a widow during her pregnancy and
a few days after her husband's death (according to some traditions
20 days, according to others 23 days. 25 days, 40 days or 35 days)
she delivered her burden. The Holy Prophet was asked for his ruling
concerning her and Ire permitted her to re-marry. This incident has
been related by Bukhari and Muslim in different ways on the
authority of Hadrat Umm Salamah. This same incident has been related
by Bukhari Muslim, Imam Ahmed Abu Da'ud, Nasa`i and Ibn Majah with
different chains of transmitters on the authority of Hadrat Miswar
bin Makhramah also. Muslim has cited this statement of Subai'ah-i
Aslamiyyah herself: 'I was the wife of Hadrat Sa'd bin Khawalah. He
died during the Farewell Pilgrimage when I was pregnant. A few days
after his death I gave birth to a child. A man told me that I could
not remarry before the expiry of four months and ten days. I went
and asked the Holy Prophet (upon whom be Allah's peace) and he gave
the verdict: You have become lawful as soon as you gave birth to the
child: you can re-marry if you so like'." This tradition has
been related briefly by Bukhari also.

This same
viewpoint has been reported from a large number of the Companions.
Imam Malik, Imam Shafe'i, 'Abdur Razzaq, Ibn Abi Shaibah and Ibn
al-Mundhir have related that when Hadrat `Abdullah bin `Umar was
asked concerning the pregnant widow, he replied that her
waiting-period is till childbirth. At this a man from among the
Ansar confirmed, saying: "Hadrat `Umar had said that even if
the deceased husband had not yet been buried,and his body still lay
on bed in the house and his wife gave birth to a child, she would
become pure and lawful for remarriage." The same opinion was
held by Hadrat Abu Hurairah, Hadrat Abu Mansur Badri and Hadrat
`A'ishah, and the same has been adopted by the four Sunni Imams and
the other early jurists.

The
Shafe`is say that if the pregnant woman has more children than one
in her womb, her waiting-period will come to an end at the birth of
the last child; even if it is still born, the waiting-period will
expire at its birth. In case of abortion, if the mid-wives, on the
basis of their knowledge and experience, state that it was not
merely a piece of flesh but had human form, or that it was not a
tumor but a human embryo, their statement will be admitted and the
waiting period will expire. (Mughni, al-Muhtaj). The viewpoint of
the Hanbalis and the Hanafis is also very close to it. But in case
of abortion, their viewpoint is that unless the human form is
clearly visible, the mid-wives' statement that it is human embryo,
will not be admitted and this will not bring the waiting-period to
an end. (Bade ias-Sane i; AI-Insaf). But in the modem times by means
of medical investigation it can be easily ascertained whether what
has been expelled from the womb was actually something of the nature
of human fetus or a kind of tumor or congealed blood. Therefore,
whenever it is possible to obtain expert medical opinion, it can be
easily decided whether what is described as abortion, was really
abortion or not, and whether it has brought the waiting-period to an
end or not. However, in cases when such medical investigation is not
possible, the viewpoint of the Hanbalis and the Hanafis itself is
preferable and it is not fit to rely on the ignorant mid-wives.

15Although
this is a general exhortation which applies to all matters and
conditions of human life, yet in this particular context the object
is to warn the Muslims to follow the Commands mentioned above in
fear of God, no matter what responsibilities they may have to
shoulder in consequence thereof, for as a reward for this Allah will
remove their ills and will forgive their sins and will enhance their
rewards in the Hereafter. Obviously, the waiting-period of the
divorced woman whose term has been prescribed as three months, will
be longer than that of the woman whose term has been appointed as
three menstruation, and the tern of the pregnant woman may be
several months longer. To shoulder the responsibility of the
maintenance and lodging of the woman whom a man may have decided to
give up, during this whole period, will be an unbearable burden for
the people, but Allah's promise is that He will lighten the burden
that is borne in fear of Him and in following His Command, by His
special bounty and grace, and will reward the person much more
generously and richly in comparison to the small burden borne by him
in the world.

16The
jurists are agreed that if the woman has been divorced revocable,
the husband is responsible for her lodging and maintenance; they are
also agreed that if the woman is pregnant, the husband will bear the
responsibility of her lodging and maintenance till child-birth
whether she has been divorced revocable or irrevocably. However, the
difference of opinion has arisen about whether the non-pregnant
woman who has been divorced irrevocably is entitled to both lodging
and maintenance, or only to lodging, or to neither.

One group
says that she is entitled to both lodging and maintenance. This is
the opinion of Hadrat 'Umar, Hadrat 'Abdullah bin Mas'ud, Hadrat
'Ali bin Husain (Imam Zain al-'Abidin), Qadi Shuraih and Ibrahim
Nakha'i. The same has been adopted by the Hanafis, and the same also
is the viewpoint of Imam Sufyan Thauri and Hasan bin Saleh. This is
supported by the Hadith of Daraqutni in which Hadrat 'Abdullah bin
Jabir reports that the Holy Prophet (upon whom be peace) said: 'The
woman who has been divorced thrice has a right to lodging and
maintenance during the waiting-period. " This is further
supported by those traditions in which it has been reported that
Hadrat 'Umar had rejected the Hadith of Fatimah bint-Qais, saying:
We cannot abandon the Book of Allah and the Sunnah of our Prophet on
the word of a woman. " This shows that the Sunnah of the Holy
Prophet (upon whom be Allah's peace) in the knowledge of Hadrat
'Umar must be that such a woman is entitled to both maintenance and
lodging. Furthermore in a tradition from Ibrahim Nakha'i there is
the explanation that Hadrat Umar rejecting the Hadith of Fatimah
bint-Qais, had said: "I have heard the Holy Prophet (upon whom
be Allah's peace) say that such a woman has a right to lodging as
well as to maintenance." The first argument that Imam Abu Bakr
al Jassas has given in his discussion of this question in his Ahkam
al-Qur an is that Allah has explicitly said: "Divorce them for
their prescribed waiting periods." This Divine Command also
applies to that person who might have taken his wife back after
divorcing her twice in the first instance, and no v he is left with
only one divorce to pronounce." His second argument is: "When
the Holy Prophet (upon whom be peace) taught this method of
pronouncing divorce that one should either pronounce divorce in such
a period of purity in which one may not have had sexual intercourse,
or in a state when the signs of a woman's being pregnant might have
appeared. In this he did not make any distinction between the first,
second, or final divorce. Therefore, the Divine (Command, '`Lodge
them (in the waiting period) where you yourselves live," will
be regarded as relevant to every form of divorce." His third
argument is; "The maintenance and lodging of the pregnant
woman, whether divorced revocable or irrevocably, is binding on the
husband, and in respective the non-pregnant revocably divorced woman
also both these rights are binding." This shows that the
maintenance and lodging have not been made incumbent on the basis of
pregnancy but because both are legally bound to stay in the
husband's house. Now, if the same injunction be applicable to the
irrevocably divorced non-pregnant woman also, there can be no reason
why her lodging and maintenance should not be incumbent on the man
divorcing her.

The
second group says that the irrevocably divorce woman has a right to
lodging but not to maintenance. This is the viewpoint of Sa'id bin
al-Musayyab, Suleman bin Yasar, 'Ata`, Sha`bi, Auza'i, Laith and Abu
'Ubaid (may Allha bless them ), and Imam Shafe' i and Imam Malik
also have adopted the same. But in Mughni al-Muhtaj a different
viewpoint of Imam Shafe`i has been stated as will be explained
below.

The third
group say that the irrevocably divorced woman is neither entitled to
lodging nor to maintenance. This is the viewpoint of Hasan Basri,
Hammad Ibn Laila, 'Amr bin Dinar, Ta'us, Ishaq bin Rahawaih and Abu
Thaw. Ibn Jarir has cited this very viewpoint as of Hadrat Ibn,
Abbas, Imam Ahmad bin Hanbal and the Imamiah sect of the Shi'as also
have adopted the same, and in Mughni al-Muhtaj the viewpoint of the
Shafe`is also has been stated to be this: 'The woman who is passing
her waiting-period on the basis of divorce has an obligatory right
to lodging, whether she is pregnant or not, but for the woman who
has been irrevocably divorced, it is not obligatory. And for the
non-pregnant irrevocably divorced woman there is neither maintenance
nor clothing." This viewpoint in the first place is based on
this verse of the Qur'an: "You do not know: Allah may after
this bring about a situation (of reconciliation)." .From this
they conclude that this could be correct only about a revocably
divorced woman, and not about an irrevocably divorced one.
Therefore, the Command of lodging the divorced woman in the house is
specifically applicable only to the revocably divorced woman. Their
second reasoning is from the Hadith of Fatimah bint-Qais, which has
been reported in the collections of Hadith through many authentic
channels.

This
Fatimah bint-Qais al-Fihriyyah was one of the earliest Emigrants.
She was esteemed for her wisdom and sagacity, and the consultative
body of the Companions on the occasion of Hadrat 'Umar's martyrdom
had met together at her house. She was first married. to Abu `Amr
bin Hafs bin al-Mughirah al-Makhzumi after she was separated by him
by three divorces, the Holy Prophet (upon whom be Allah's peace )
married her to Hadrat Usamah bin Zaid. According to reports, her
husband, Abu `Amr had pronounced two divorces on her. Then, when he
was sent to Yemen along with Hadrat 'Ali, he also sent from there
the third and final divorce, According to lodge her in the house
during the waiting-period and maintain her, according to others, she
herself had laid claim to maintenance and lodging. Whatever be the
case, the husband's relatives refused to concede her claim.
Thereupon she took her case to the Holy Prophet (upon whom be
peace), and he gave the decision that she was neither entitled to
maintenance nor to lodging, According to a tradition, the Holy
Prophet said: "The husband is under obligation to provide
maintenance and lodging to the woman only in case he had a right to
return to her, but when he had no such right, she was neither
entitled to maintenance nor to lodging." (Musnad Ahmad),
Tabarani and Nasa'i also have related almost the same tradition, the
concluding words of which are to the effect: "But when she is
not lawful for him until she marries another man than him, there is
neither maintenance for her nor lodging." After giving this
decision the Holy Prophet first commanded her to pass her waiting
period in the house of Umm Sharik and then told her to stay in the
house of Ibn Umm Muktum.

However,
the arguments of those who have not accepted this Hadith are as
follows:

In the
first place, she had been commanded to leave the house of her
husband's relatives because she was rude of tongue and they were fed
tip with her ill-temper Sa'id bin al-Musayyab says: "This lady
by reporting her Hadith has misguided the people. The truth is that
she was rude and impudent; that is why she was lodged in the house
of Ibn Umm Maktum. " (Abu Daud In another tradition Sa'id bin
al Musayyab is reported to have said: "She had been impudent
and rude to her husband s relatives; that is why she was commanded
to shift from that house" (Al-Jassas) Suleman bin Yasar says
'Her expulsion from the house was because of her ill-temper."
(Abu Da ud)

Secondly,
her tradition was repudiated by Hadrat Umar at a rime when many of
the. Companions were still living, and the matter could be fully
investigated. Ibrahim Nakha'i says: "When this Hadtih of
Fatimah reached Hadrat Umar. he said: 'We cannot abandon a verse of
the Book of Allah and a saying of the Messenger of Allah (upon whom
be His peace( Because of the saying of a woman, who seems to be
conjecturing. I have myself heard the Holy Prophet (upon whom be
peace( say that the woman who has been divorced irrevocably is
entitled to both lodging and maintenance." (AI-Jassas). Abu
Ishaq says: "I was sitting with Aswad bin Yazid in the mosque
of Kufah, when Sha'bi made mention of the Hadith of Fatimah
bint-Qais. Hadrat Aswad thereupon threw pebbles at Sha'bi and said:
"When in the time of Hadrat 'Umar this tradition of Fatimah was
brought to his nonce, he said: 'We cannot cast off the Book of our
Lord and the Sunnha of our Prophet on the strength of the tradition
of a woman. Maybe she has forgotten. The woman has a right to
maintenance as well as to lodging, for Allah says: 'Do not turn them
out of their houses'." This tradition has been reported in
Muslim, Abu Da'ud, Tirmidhi and Nasa'i with some variation in
wording.

Thirdly,
during the reign of Marwan when a dispute arose in respect of the
irrevocably divorced woman, Hadrat 'A'ishah had subjected the
tradition of Fatimah bint-Qais to severe criticism. Qasim bin
Muhammad says: "I asked Hadrat 'A'ishah: 'Don't you know the
incident concerning Fatimah?' She replied: 'Better not mention the
Hadith of Fatimah'." (Bukhari), The words of Hadrat 'A'ishah in
the other tradition related by Bukhari are to the effect: "What
has happened to Fatimah? Is she not afraid of God?" In the
third tradition Hadrat 'Urwah bin Zubair says that Hadrat `A'ishah
said: "There is no good for Fatimah in reporting this hadith."
In still another tradition Hadrat 'Urwah says that Hadrat 'A'ishah
expressed great indignation against Fatimah and said: "She in
fact was in an empty house, where she had no sympathizer; therefore,
for the sake of her convenience the Holy Prophet instructed her to
change her house

Fourthly,
this lady was later married to Usamah bin Zaid, and Muhammad bin
Usamah says: "Whenever Fatimah made mention of this Hadith, my
father would throw at her whatever fell in his hand. "
(AI-Jassas). Obviously, had not Hadrat Usamah known that the Sunnah
was contrary to what Fatimah said, he could not have felt so annoyed
at the mention of this Hadith. "

17There
is complete consensus that whether the woman has been divorced
revocably or irrevocably, her husband is responsible for her lodging
and maintenance till child-birth if she is pregnant. However, a
difference of opinion has arisen in case the husband of the pregnant
woman may have died, irrespective of whether he may have died alter
pronouncing the divorce, or May not have pronounced any divorce and
the woman may have been widowed during pregnancy this regard, the
jurists have expressed the following views:

(1)
Hadrat 'Ali and Hadrat 'Abdullah bin Mas'ud hold that she has an
obligatory , right to maintenance in the husband's un-divided
legacy. The same also has been cited as the view of Hadrat 'Abdullah
bin 'Umar, Qadi Shuraih, Abul 'Aliyah, Sha'bi and Ibrahim Nakha'i,
and a saying of Hadrat 'Abdullah bin 'Abbas also supports the same.
(Alusi, AI-Jassas).

(2) Ibn
Jarir has cited another view of Hadrat 'Abdullah bin 'Abbas to the
effect: "If the deceased person has left some inheritance,
expenditure should be made on her from the share of the child of her
womb; and if he has left no inheritance, the heirs of the deceased
should spend on her, for Allah says: 'And the same responsibility
for the maintenance of the mother devolves upon the heir'."
(AI-Baqarah: 233).

(3)
Hadrat Jabir bin 'Abdullah, Hadrat 'Abdullah bin Zubair, Hadrat
Hasan Basri, Hadrat Sa'id bin al-Musayyab and Hadrat 'Ata' bin Abi
Abi Rabah say that there is no maintenance for her in the
inheritance of the deceased husband. A third saying from Hadrat
'Abdullah bin 'Abbas also has been cited to be the same. (AI-Jassas)
This means that she can meet her expenses from the share of
inheritance that she may receive from the husband's legacy, but she
has no right of inheritance on the husband's combined legacy, which
may burden the other heirs.

(4) Ibn
Abi Laila says: "Her maintenance in the deceased husband's
legacy is as obligatory as is somebody's debt obligatory In his
legacy. " (AI-Jassas ). That ii, just as a debt has to be paid
out of a combined legacy, so also should her maintenance be paid out
of it.

(5) Imam
Abu Hanifah, Imam Abu Yusuf, Imam Muhammad and Imam Zufar say: "She
has neither any right to lodging in the deceased husband's legacy
nor to maintenance, for nothing belongs to the deceased after death:
whatever remains after him belongs to the heirs. The widowed
pregnant woman, therefore, cannot have any maintenance in their
property." (Hedayah; AI-Jassas). The same is the viewpoint of
Imam Ahmad bin Hanbal (Al-Insaf )

(6) Imam
Shafe`i says: "There is no maintenance for her; but she has a
right to lodging (Mughni al-Muhtaj) " His reasoning is based on
the incident concerning Furai'ah bint-Malik, sister of Hadrat Abu
Sa`id Khudri: when her husband was put to death, the Holy Prophet
(upon whom be Allah's peace) commanded her to pass her
waiting-period in the house of her husband. (Abu Da'ud, Nasa'i,
Timtidhi). Furthermore, they deduce their view from the tradition of
Daraqutni: "The Holy Prophet said: there is no maintenance for
the widowed pregnant woman." The same is the view of Imam Malik
also. (Hashiyah ad-Dusuqi)

(1) That
the woman is the owner of her milk; otherwise, obviously she could
not be authorized to receive wages for it,

(2) that
as soon as she becomes tree from the marriage bond with her previous
husband at child-birth, she is not legally bound to nurse her child;
but if the father desires that she nurse it, and she also is willing
for it, she would suckle it and would be entitled to receive the
wages;

(3) that
the father also is not legally bound to have the child suckled only
by its mother;

(4) that
the maintenance of the child is the responsibility of the father;

(5) that
the mother is best entitled to suckle the child, and the other woman
can be employed for suckling only in case the mother herself is not
willing for it, or demands too high a wage for the father to pay.
The sixth rule that automatically follows is that if the other woman
also demands the same wages as the mother, then the mother's right
is superior.

The
following are the opinions of the jurists in this regard:

Dahhak
says: "The child's mother is best entitled to suckle it, but
she has the option to suckle it or not, However, if the child does
not take to the new nurse-maid, the mother will be compelled to
suckle it." A similar opinion is held by Qatadah, Ibrahim
Nakha`i and Sufyan Thauri. ibrahim Nakha`i adds: "In case
another woman is not available for nursing the child, the mother
will be compelled to nurse it. (Ibn Jarir). According to Hedayah:
"If at the separation of the parents the child has not yet been
weaned, it is not obligatory that the mother alone should suckle it.
However, if another woman is not available, the mother would be
compelled to suckle the child. And if the father says: I shall
employ another woman to suckle the child on wages instead of having
it suckled by the mother on wages, and if the mother demands the
same wages as the other woman, or is Willing to perform the service
gratis, the mother's right will be regarded as superior. And if the
child's mother demands higher Wages, the father will not be
compelled to accede to her demand. "

19This
contains a severe rebuke both for the father and tot the mother. The
style clearly shows that if the two do not settle the question of
the child's suckling amicably, overlooking the previous bitterness
that led to divorce, it is not approved by Allah, The woman has been
warned to the effect: "If you demand too high a wage only in
order to embarrass the man, the fosterage of the child is not
dependent on you alone: some other woman will muse it. " And
the man also has lien warned as if to say: 'It would be unfair if
you pressed the mother unjustly only because she was the mother. In
this connection. please also see AI-Baqarah: 233 for details.

20Now,
the Muslims are being warned of the fate the would meet I this world
and in the Hereafter is they disobeyed the Commands they have been
given through the Messenger of Allah and His Book and the rewards
they would receive if they adopted obedience.

21Sane
of the commentators opine that 'Admonition here implies the Quran
and 'Messenger" the Holy Prophet Muhammad (upon whom be Allah's
peace and blessings); some others say that "Admonition"
implies the Holy Prophet (upon whom be Allah's peace( himself,
because he was admonition for .the people through anti through. We
are of the opinion that this second interpretation is more correct,
for according to the first commentary the sentence would read 'We
have sent down to you an Admonition and sent such a Messenger. "
obviously, there is no need for such an interpolation in the
Qur'anic passage when it is perfectly meaningful, even snore so,
without it.

22"Out
of darknesses Into light" : out of the darknesses of ignorance
into the light of knowledge The full significance of this Divine
Saying becomes obvious only when one studies the other ancient and
modern family laws of the world pertaining to divorce,
waiting-period and provision of maintenance. This comparative study
will show that in spite of the un-ending alterations, modifications
and continual legislation no nation has been able so far to build
for itself such a rational. natural and socially useful law as had
been given by this Book and the Messenger who brought it 1500 wears
ago. It has never stood in treed of revision nor it .ever will. I
here is no occasion here for a detailed comparative study of it; we
have, however, given a brief specimen of it in the concluding
portion of our book Huquq az-Zaujain; the,scholars who are
interested in the subject can for themselves compare the world's
religious and secular laws with this law of the Qur'an and Sunnah.

23"Also
their like” does not mean that He created as many earths as
the heavens, but it means that He has also created several earths as
He has created several heavens. "Of the earth- mean that just
as this earth which is inhabited by man is serving as bed and cradle
for the creatures living on it, so has Allah made and set other
earths also in the universe, which serve as beds and cradles for the
creatures living on them. Moreover, there arc clear pointers in the
Qur'an to the effect that living creatures are not found only on the
earth but also in the heavens. (For instance, see .Ash-Shura: 29 and
E.N. SO on it). In other words! the countless stars and planets seen
in the sky are not all lying desolate, but like the earth there are
many among them which are inhabited.

From
among the earliest commentators Ibn 'Abbas is the one, who had
expressed this truth in the period when man was not even prepared to
imagine that in the universe there are other habitats also, apart
from the earth, where rational creatures live. Even the scientists
of today are yet in doubt about this being a reality, nothing to say
of the people living 1500 years ago, That is why Ibn 'Abbas felt
hesitant about whether he should say such a thing before the common
people are not, because he feared it might affect their 'faith.
Mujahid says that when he was asked the meaning of this verse, he
said: "If I give you the commentary of this verse, you will
turn disbelievers, and your disbelief will be that you will deny
it." Almost the same thing has been related from Sa'id bin
Jubair, saying; 'Ibn 'Abbas said: what can be the guarantee that if
I tell you its meaning, you would not turn disbelievers?" (lbn
Jarir, 'Abd bin Humaid). However, Ibn Jarir, Ibn Abi Hatim, Hakim
and Baihaqi in Shu'ab al-Iman and Kitab al-Asma' was Sifat have
cited, on the authority of Abud-Doha, this 'commentary from Ibn
'Abbas in different words: "In each of those earths there is a
Prophet like your Prophet, an Adam like your Adam, a Noah like your
Noah, an Abraham like your Abraham, and a Jesus like your Jesus."
This tradition has been related by Ibn Hajar in Fath al-Bat and by
Ibn Kathir in his Commentary, and Imam Dhahbi says: "It has
been reported authentically, but in my knowledge none apart from
Abud-Doha has related it; therefore, it is an uncommon and rare
tradition." Some other scholars regard it as a falsehood and
Mulla 'AIi; Qari, in his Maudu at Kabir (p. 19), has described it as
a fabrication, and written: `Even if it is a tradition from Ibn
'Abbas, it is based on Israelite traditions." But the truth is
that the actual reason why the people have rejected it is their
regarding it as remote from reason and beyond understanding;
otherwise there is nothing in it which may by itself be opposed to
reason. Thus, 'Allama Alusi in his discussion of it in his
commentary writes: "There is neither any intellectual barrier
to taking it as correct nor religious. It only means that in every
earth there is a creation which turns to its origin just as mankind
in our earth turns to Adam (peace be upon him). and in every earth
there are individuals, who are distinguished among others just as
the Prophets Noah and Abraham (peace be upon them) are distinguished
among us. " A little below the 'Allama writes: "The earths
may be more than seven, and likewise the heavens also may not be
only seven. To rest content with the number seven, which is an
indivisible integer, does not necessarily negate the higher
numbers." Then, about the distances between one heaven and
another, which have been stated as five hundred years or so in some
Ahadith. the 'Allama says: "This is not meant to give the exact
measurement of the distances, but to express the truth in a manner
easily comprehensible to the people."